Ontario Land Tribunal
Issue Date: June 10, 2022
Case No.: OLT-22-002332 (PL210087)
Proceeding Commenced Under subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2457938 Ontario Inc
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Area A
Proposed Designated: Mixed Use Area B
Purpose: To permit a 13-storey mixed-use building comprised of residential units and commercial space at grade
Property Address/Description: 3100-3200 Bloor St W & 4-8 Montgomery Road
Municipality: City of Toronto
Approval Authority File No.: 20 151103 WET 03 OZ
LPAT Case No.: PL210087
LPAT File No.: PL210087
LPAT Case Name: 2457938 Ontario Inc v. Toronto (City)
Proceeding Commenced Under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2457938 Ontario Inc
Subject: Application to amend Etobicoke Centre Zoning By-law 1088-2002/ City-wide Zoning By-law 569-2013 - Neglect of City of Toronto to make a decision
Existing Zoning: Etobicoke Centre 1 (EC1)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 13-storey mixed-use building comprised of residential units and commercial space at grade
Property Address/Description: 3100-3200 Bloor St W & 4-8 Montgomery Road
Municipality: City of Toronto
Municipality File No.: 20 151103 WET 03 OZ
LPAT Case No.: PL210087
LPAT File No.: PL210088
BEFORE:
M. A. SILLS VICE-CHAIR
Friday, the 10th day of June, 2022
Order
THE TRIBUNAL having heard and accepted the uncontroverted land use planning evidence of a registered Professional Planner (Emma West) and the expert transportation planning and traffic impacts and parking evidence of a registered Professional Engineer (Stephen Bahadoor) finds that the proposal as modified in accordance with the settlement proposal warrants approval:
THE TRIBUNAL ORDERS that the appeal of the Official Plan Amendment and Zoning By-law Amendment applications is allowed in part and withholds its final Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Tribunal has been advised by the City Solicitor that:
The final form and content of the draft Official Plan Amendment and Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
The Applicant and the City have executed a Section 37 Agreement, to be registered on title to the property, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing the following matters:
a. the community benefits to be secured in the Section 37 Agreement are as follows:
i. an indexed cash contribution of $2,690,000 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Subject Property, to the satisfaction of the Chief Planner in consultation with the local Ward Councillor;
b. the following shall be secured in the Section 37 Agreement as a legal convenience to support development:
i. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and the City Solicitor, a privately-owned, publicly-accessible space ("POPS") located along the southeastern frontages of the Subject Property at the corner of Montgomery Road and Bloor Street West and having a minimum area of not less than 200 square metres; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly-accessible space lands to the City; the specific location, configuration, and design of the privately-owned, publicly-accessible space area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Etobicoke York District; the Applicant shall own, operate, maintain, and repair the privately-owned, publicly-accessible space and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned, publicly-accessible space area, all at the Applicant's own expense;
ii. the Applicant shall agree to convey all lands below the proposed top-of-bank, within the 10 metre buffer adjoining the top-of-bank, and north of the Toronto Transit Commission subway tracks to the Toronto and Region Conservation Authority;
iii. the Applicant shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time;
iv. the Applicant shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues and the provision of a construction management plan to address student safety; and
v. the Applicant shall design and construct off-site sidewalk improvements to the existing sidewalk along the west side of Montgomery Road, between the north end of the Subject Site to Belvedere Boulevard, to be funded by a development charge credit and funding allocated from Transportation Service's capital budget in amounts to the satisfaction of the Chief Financial Officer and the General Manager, Transportation Services; the off-site sidewalk improvements shall comprise of raising the level of the existing sidewalk and providing a curb edge to ensure clear and safe separation from the roadway; the location, design, and construction of such off-site sidewalk improvements by the Applicant shall be to the satisfaction of the General Manager, Transportation Services; the off-site sidewalk improvements shall be constructed prior to any occupancy of the proposed redevelopment of the Subject Site and shall be constructed concurrently with any public realm improvements otherwise required to be undertaken by the Applicant secured as part of the redevelopment of the Subject Site through the site plan approvals process;
The following conditions of approval have been completed by the Applicant or otherwise secured as a condition of a Holding (H) provision applicable to the final Zoning By-law Amendment to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning:
a. the Applicant has submitted all identified revisions required to submission materials related to site servicing and a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow, and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
b. the Applicant has provided a revised Urban Transportation Considerations Report including a revised Transportation Demand Management Plan, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;
c. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;
d. the Applicant has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
e. the Applicant has provided a revised Pedestrian Level Windy Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning;
f. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review;
g. the Applicant has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry, and Recreation;
h. the submitted Noise and Vibration Feasibility Study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the Applicant's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and
i. the Applicant has satisfied the requirements of the Toronto Region and Conservation Authority regarding requested revisions to reports.
THE TRIBUNAL FURTHER ORDERS that the referral of the Site Plan Control application is adjourned sine die.
"Euken Lui"
EUKEN LUI ACTING REGISTRAR
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The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.